1. Main Definitions

1.1. Profile – personal interface, which is accessible to Registered Users and is required in order to be identified on the website, use Service registered or Service features paid for, to complete and modify personal information.

1.2. Website – sundatings.com.

1.3. Company – Fivecom Limited.

1.4. Registered User – a user who has an authentic registration on the Website and subsequent access to one or several Service features.

1.5. Paid Service – all Service features that are available to Registered User and are paid for.

1.6. Paid User – a Registered user of one or more paid Service features.

1.7. Credit – internal system allowing access to Paid Service features.

1.8. Record – Registered User’s self-description, personality description, qualities, photos, etc.; and which are accessible by other Registered Users.

1.9. Identification Credentials – e-mail address and password, as provided and chosen by the Guest in order to complete registration process on the Website.

1.10. Service – all services and its features, both paid and free of charge, available to Registered Users and provided on the Website by the Company.

1.11. Terms and Conditions – this Agreement.

1.12. Online – through electronic means of communication.

1.13. Offline – independently of, or disconnected from, electronic means of communication.

1.14. Guest – a user who visits the Website without registering or without connecting to Profile.

2. General Provisions

2.1. Fivecom Limited offers services which purpose is to enable individuals for personal, entertainment and non-commercial dating through electronic means of communications (hereinafter the “Service”).

2.2. Certain features of the Service are available to Registered Users free of charge while other features are paid for.

2.3. Registration on sundatings.com as well as use of the Service implies full acceptance of these Terms and Conditions by the Registered User. Therefore, by creating a Profile, the Registered User acknowledges full awareness of all the provisions of the Terms and Conditions and agrees to be bound by the Terms and Conditions.

3. Registration and Access to the Service

3.1. Registration on the Website is free. The Guest or Registered User shall exclusively bear the costs for the means to access the Website and Service as well as for the use of such means.

3.2. In order to become a Registered User each Guest who is interested to access the Service must be at least 18 years old, meet the conditions for registration or for access to the relevant Service, have the requisite legal capacity to enter into an agreement, read these Terms and Conditions, the Cookie Policy and the Privacy Policy and complete the mandatory fields in the registration form.

3.3. The Registered User cannot create more than one Profile with the same email address.

3.4. The Registered User can fill out the Record by giving information on physical appearance, hobbies, profession and all other personal information the user wishes to share with the other Registered Users through the Website, with the exception of personal contact details (electronic address, postal address, telephone number etc.) the sharing of which is strictly prohibited by Fivecom Limited as described by clause 6.1.

3.5. As the requirements for the registration are met, every Registered user creates a strictly confidential and personal password, which allows access to the Profile.

3.6. The Registered User is responsible for the use of identification credentials by third parties or the actions or statements made by an intermediary on the Profile, whether they are fraudulent or not, and will indemnify Fivecom Limited for any claim arising in connection with these, other than in the event of fault exclusively attributable to Fivecom Limited or technical failure of the Service. Moreover, Fivecom Limited is not obliged and does not have the technical means to verify the identity of individuals registering on the Website. If the Registered User has reason to believe that another individual is using their identification credentials or Profile, they must inform Fivecom Limited at once.

3.7. The Registered User may purchase one or more specific features of the Service and, thus, become a Paid User and benefit from the functionalities of the Paid Service as described by the clause 5.2.

3.8. To become a Paid User, the Registered User must first complete identification on the Website using identification credentials. After choosing desired Service features and payment method, the Registered User must submit the payment. This last step formally concludes the membership contract to the Paid Services and the complete, unreserved acceptance of the Terms of Use. Once the payment has been submitted, the Subscriber is directed to a payment confirmation page. Match acknowledges receipt of the purchase of a Subscription by sending an email.

4. Right to Withdraw

4.1. Pursuant to Cyprus Law Act 133 (I)/2013 (related EU directive 2011/83/EU) the Registered User is hereby informed that fourteen (14) days from the purchase of a Paid Service are available to exercise the right to withdraw from this agreement and purchase contract, without incurring any liability and without giving a reason, by sending a clear statement requesting this to the e-mail address: support@sundatings.com. In order to effectively exercise the withdrawal, the Registered User must send request within the fourteen-day withdrawal period and from the e-mail address associated with the identification credentials.

4.2. The Registered User has full access to the Paid Service; immediately and without waiting for the end of the withdrawal period.

4.3. The Registered User may leave the Website and wait for the withdrawal period expiry of the fourteen-day period without using any Paid Service purchased. Notwithstanding, if the Registered User accesses Profile and uses the Paid Service before the end of the withdrawal period, this use of the Paid Services is logged on the dedicated Profile section and constitutes an express demand by the Registered User to have immediate access to the Paid Service.

4.4. Immediate access to the Service does not deprive the Registered User from the right to withdraw, which remains valid until the expiry of the fourteen-day period. However, the Registered User who has demanded to use and apply the Paid Service before the end of the withdrawal period must pay a prorated amount for use of the Paid Service. Therefore, Fivecom Limited shall reimburse the Registered User for the cost of the Paid Service by deducting the amount equivalent to the Paid Service used by the Registered User.

4.5. The reimbursement shall be made within 14 days from the date Fivecom Limited was informed of the Registered User’s decision to withdraw, by the same means of payment method which was used by the Registered User for the initial payment transaction.

5. Service features

5.1. Free features available to all Registered User who become such by completing a registration process:

5.1.1. Record creation, which will be visible to other Registered Users on the Website;

5.1.2. Perform quick and advanced searches to view search for compatible Records in accordance with the Service;

5.1.3. View the Records of other Registered Users;

5.1.4. View messages from the Paid Users;

5.1.5. Add a Registered User to favourites.

5.2. Paid features available only to Paid Users:

5.2.1. Send and respond to messages of other Paid Users;

5.2.2. Wink at a Registered User.

6. Obligations related to Service

6.1. Fivecom Limited obligations:

6.1.1. The Service, including the Paid Service, is not developed to organise in person dates between the Registered Users, as marriage-broker subsidiary or any other product that would be leading to marriage or to establishing a steady relationship between Registered Users. Fivecom Limited declines all liability in connection with the events of any nature, which could take place between Registered Users during online interaction, whether through the Website or other online mediums, or during in person dates or offline meeting between Registered Users arising from the use of the Service.

6.1.2. The Service, including the Paid Service, is not developed as a means of the provision of access to the Internet nor the provision of electronic communication services to the public. Consequently, Fivecom Limited does not verify the actual identity of Registered Users when they connect to the Website. Additionally, Fivecom Limited does not meticulously control or moderate any of the content which may be published or uploaded by the Registered Users on the Website under their sole liability. Nonetheless, the photographs and the description featured on the Record of every Registered User will be verified.

6.1.3. Fivecom Limited monitors Registered User’s IP address location to ensure Registered User eligibility for the Service use and, therefore, as an additional measure of eligible Registered Users protection.

6.1.4. Registered Users are imperatively prohibited by Fivecom Limited from disclosing any personal information to other Registered Users, which would allow them to be identified or located offline (last name, postal address, e-mail, phone number etc.) except for their display name, as registered on the Profile.

6.2. Obligations of Registered Users are applicable from the registration on the Website and enforced for the entire duration of the use of the Service:

6.2.1. The Registered User agrees to comply with any laws in force and respect the rights of other Registered Users in order to use the Service;

6.2.2. To maintain an honest conduct towards Fivecom Limited and other Registered Users;

6.2.3. Respect the intellectual property rights of the content provided by Fivecom Limited as well as by the other Registered Users;

6.2.4. Registered User is required to establish limits of own private life and communicate information through the Service responsibly and to an extent which would ensure no damage can be incurred by such information dissemination through the Service.

6.2.5. Use the Services while respecting their purpose, which is to allow individuals to meet online for personal, entertainment and non-commercial purposes;

6.2.6. Not to use the Service for professional, commercial, profit (advertising, soliciting clients etc.) or generally non-personal purposes;

6.2.7. Not use the Services for solicitation or prostitution;

6.2.8. Not post, display or disseminate, in any form whatsoever, false information or content;

6.2.9. Refrain from posting any statement or content that violates the rights of other individuals or is defamatory, abusive, obscene, offensive, violent or incites violence, political, racist or xenophobic and, in general, any statement or content contrary to the purpose of the Service, the laws and regulations in force, the rights of persons or public morals. In particular: photos, any information, data or files provided by a Registered User to Fivecom Limited must be decent and only relate to the Registered User or, if they relate to a third party, be used with such party express authorisation and under the exclusive responsibility of the Registered User concerned;

6.2.10. Not harass other Registered Users;

6.2.11. Not mention on the Website any personal information provided by a Registered User to Fivecom Limited (e-mail address, postal address, phone number, etc.) that would allow a Guest or Registered User to contact another Registered User without using the Service;

6.2.12. Not post, display or disseminate in any form whatsoever, information or content that has the effect of diminishing, disrupting, preventing the normal use of the Website and Service, interrupting and/or slowing the normal flow of communications between Registered Users through the Service, such as software, viruses, logic bombs, mass mailing, etc. Fivecom Limited reserve the right to delete mass messages sent by a Registered User in order to preserve the quality of normal use of the Service and Website.

6.2.13. Not post, display or disseminate in any form whatsoever, information or content incorporating hyperlinks to Third-party Websites on the Website that are illegal, immoral and/or not conform with the purpose of the Service;

6.2.14. Not post photo(s) or other visual content which features minors;

6.2.15. Use the confidential password of the Registered User strictly as identification credential on the Website. Therefore, the Registered User must not, this list not being exhaustive, communicate, disseminate, share, make accessible, in any way or for any reason whatsoever, its password to any third party, whoever that is.

7. Fees and terms of payment

7.1. In order to use the Paid Service, the Registered User must choose and purchase relevant Paid Service credit pack that would cover usage of the desired Paid Service feature. Registered Users may purchase a Paid Service by paying either by bank card on the internet or by using an online payment service according to the options given on the Website. The fees are indicated in Euro, EUR (inclusive of all taxes).

7.2. The Registered User can access, choose and spent purchased credits on Paid Service features on the Website through dedicated section of the Profile.

7.3. The Registered user can see the history of spent credits on the Website through dedicated section on the Profile.

7.4. Fivecom Limited reserves the right to change Fees according at any given time and without prior notice. In such occurrence, all purchased credits value remains unchanged with accordance to historical price.

8. Intellectual Property

8.1. All Services names, trademarks, logos, graphics, photographs, animations, videos and texts contained on the Website and within the Service are the exclusive property of the Fivecom Limited Limited and, if applicable, its partners and may not be reproduced, used or communicated without the express authorisation of the companies of the Fivecom Limited Limited or their partners, subject to legal action.

8.2. The rights of use granted to the Registered User are limited to private and personal use as part of and for the duration of the registration to the Services. Any other use by the Registered User is prohibited.

8.3. The Registered User is prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing the Service, Website pages or computer codes of the elements composing the Service and Website, in any way whatsoever, subject to legal action.

8.4. The Registered User grants the Company a licence to use the intellectual property rights arising from the content provided by him/her in connection with his/her registration and his/her use of the Service or the display of his/her Record on the Service. This licence specifically includes the right of the Company to reproduce, represent, adapt, translate, digitise, use for the purposes of the Services or sub-license the content provided by the Registered User (information, images, descriptions, search criteria, etc.) on all or parts of the Service and on the Website, in the emails by the Company, and, in general, on all electronic communication media (e-mail, Internet) in connection with the Service.

8.5. The Registered User expressly authorizes the Company to modify this content in order to comply with the graphic charter of the Service or other communication media referred to above, and/or to make it compatible with its technical functionalities or the formats supported by the relevant media. These rights are granted on a worldwide basis and for the duration of the Terms of Use between the Registered User and the Company. The Registered User may not copy, reproduce, or otherwise make use of the content produced by other Registered Users, other than strictly for the needs of use of the Service for personal and private purposes.

9. Representations and Warranties

9.1. To use the Services, the Registered User must have the skills, equipment and software necessary for use of the Internet or the mobile applications of the Services. Fivecom Limited has security measures in place in connection with the use of the Service. However, the Registered User acknowledges that, due to the nature and limitations of the Internet, Fivecom Limited cannot warrant that any connection to the Internet or mobile applications will be completely secure.

9.2. The Registered User must have the equipment, including the software and appropriate settings, necessary for the good operation of the Service: the latest version of the Internet browser, activated JavaScript functions, permitted session cookies and accepted ‘pop-up’ windows.

9.3. Depending on your network configuration (protected by a firewall or proxy) connection to the Website might not be possible.

9.4. Fivecom Limited does not warrant that the Registered User will be able to use the Service if a “pop-up killer” tool or an equivalent is enabled; in this case, this function must be disabled before using the Service.

9.5. Fivecom Limited does not warrant that the Registered User will be able to use the Services if their Internet service provider fails to provide an adequate level of service.

9.6. Fivecom Limited is not responsible for any lack of functionality, lack of access or poor conditions of use of the Website and Service attributable to unsuitable equipment, to the internal functionality failures of the Registered User’s service provider, the overloading of the Internet network and for all other reasons external to Fivecom Limited constituting a force majeure event.

9.7. The operation of the Service may be interrupted temporarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. If possible, Fivecom Limited will notify its Registered Users before any maintenance operations or updates which may impact the Service.

9.8. Information provided by a Registered User to the Company must be accurate and true. The consequences that disclosing this information may have on the Registered User’s life or the lives of other Registered Users are the exclusive responsibility of the Registered User concerned. The Registered User discloses and disseminates information, data, text, content and images that concern it through the Service on their own initiative. Accordingly, he/she waives the right to make any claim against the Company, in particular on the basis of the possible infringement of his/her image or personality rights, honour, reputation or secrecy of his/her private life, that may result from the distribution or dissemination of information that concern him/her under the terms and conditions established in the Privacy Policy to the extent that the Registered User has previously given his/her voluntary and express consent to such dissemination as a result of his/her registration to the Service, according to the Terms and Conditions.

9.9. Fivecom Limited cannot be held liable for the accuracy or inaccuracy of the information and content provided by other Registered Users him/herself, nor the consequences from the use of this information and content. Similarly, Fivecom Limited cannot be held liable for any content disseminated by a Registered User that may potentially infringe on the rights of one or more of the other Registered Users or third parties and for which Fivecom Limited demonstrates that it was not informed by a Registered User or third party, or did not have actual and prior knowledge of before its dissemination or did not commit a breach in the performance of any of its contractual obligations under these Terms and Conditions.

9.10. The quality of the Service expected by both Fivecom Limited and its Registered Users implies observing a certain level of ethical conduct in the expression and behaviour of the Registered Uses, respecting the rights of third parties, as well as the laws and regulations in force. To meet this demand for quality, individual responsibility and ethics, the Company allows any Registered User to report any content (photography, text, video), behaviours or comments made by another Registered User that appear to be in violation of the laws and regulations in force, regarding the purpose of the Services, third-party rights or public morals.

9.11. Registered Users acknowledge and accept that the data they provide, as well as their behaviour or comments made through the Service, may be reported by other Registered Users and may be subject to acts of moderation and/or control by the Fivecom Limited based on objective assessment criteria. In the event such report or control reveals that a Registered User violated the laws and regulations in force or his/her contractual obligations under these Terms and Conditions, Fivecom Limited may deny the Service to this Registered User by removing his/her account according to paragraph 11. Depending on the behaviour or the comments made by Registered Users, the moderation team may decide to block any new registration by the relevant person.

9.12. Fivecom Limited is only liable for the hyperlinks it creates within the Website and Service and does not exercise any control over the Third-Party Websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Website and the Service redirect. Fivecom Limited cannot be held liable for the provision of links directing to Third Party Websites and cannot be held liable for their content, advertisements, products, features, services or any other elements available on or based on the use of such Third-Party Websites. It is reminded that the consultation and use of Third-Party Websites is governed by their terms and conditions of use, and that such consultation and use will be made under the Registered User’s full liability. Any issues relating to a link must be reported to Fivecom Limited using the contact details included in “Contacts” website section.

10. Liability and Indemnity

10.1. Fivecom Limited is only responsible for foreseeable loss and damage caused by Fivecom Limited, if Fivecom Limited fails to comply with these Terms and Conditions or to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Service provision start was concluded, both Fivecom Limited and the Registered User knew it might happen.

10.2. Fivecom Limited may not be held liable for any damages incurred by a Registered User in the event those are caused solely by the latter or if Fivecom Limited is not in breach of these Terms and Conditions and its statutory obligations.

10.3. Fivecom Limited is not liable for business losses. Fivecom Limited will only supply the Service for domestic and private use. If a Registered User uses the Service for any commercial or business purpose Fivecom Limited will have no liability towards him/her for any loss of profits, loss of business, business interruption, or loss of business opportunity.

10.4. Fivecom Limited does not exclude or limit in any way its liability to Registered Users where it would be unlawful to do so.

10.5. In the event Fivecom Limited is held liable on the basis of a breach by a Registered User of any of his/her legal or contractual obligations under the Terms and Conditions, the latter agrees to indemnify and hold Fivecom Limited harmless against any damages, expenses or orders issued against it resulting from the Registered User’s breach of his/her obligations.

11. Profile removal and closure, Service termination

11.1. A breach of the Essential Obligations thus defined constitutes a serious breach by the Registered User of its contractual obligations.

11.2. Without prejudice to the provisions of paragraph 11, in the event of breach by a Registered User of one or more of these Essential Obligations, Fivecom Limited may terminate the contract and permanently delete the relevant Registered User’s Profile(s) on the Website and Service.

11.3. In the event of breach by a Registered User of one or more of the General and/or Essential Obligations, and namely in the event of inappropriate behaviour on the Website and Service, Fivecom Limited may permanently or temporarily prohibit all access of the relevant Registered User to the Website or Service.

11.4. Each Registered User may at any time terminate registration to the Service and remove the Record by requesting the closure of Profile from Fivecom Limited, without further charges other than those connected to the transmission of the request and without reason, namely through the “My Profile” section, by email, using the contact form or by any means which may be indicated in this section. This request shall be deemed made on the working day following the one the request for closure of the relevant Profile is received by Fivecom Limited and the Registered User may no longer use the Service. The Registered User will be informed by email about the closure of the Profile.

11.5. Without prejudice to the other provisions of the Terms and Conditions, in the event of a serious breach by a Registered User, especially in the event of breach of the Essential Obligations, Fivecom Limited may permanently remove the Profile(s) of the relevant Registered User from the Website and Service, without prior notice. This removal will not give a right of reimbursement to the Registered User. Registered User will be informed by email about the closure of their Profile. This closure will take effect without prejudice to any damages and interest which may be claimed by Fivecom Limited from the Registered User or their successors and legal representatives as restitution for the losses incurred by Fivecom Limited as a result of these breaches.

Upon termination by the Company without cause, You shall receive a refund, pro rata, of any unused credits or fees that the Company has received from you. If your membership with the Company is terminated by reason of violation of this Agreement, or at your request, you will not be entitled to, nor shall the Company be liable to you, for any refund of unused credits or paid fees for using the Company’s additional Services. Unused credits expire 365 days after their purchase date. Notwithstanding your membership being terminated, this Agreement will remain in full effect.

12. Personal Data

12.1. The personal data of Registered Users are processed in accordance with the Privacy Policy applicable to Fivecom Limited, which is available here.

13. Entire Agreement

13.1. These Terms and Conditions form a contract, which governs the relationship between the Registered User and Fivecom Limited. They cancel and supersede all previous provisions not expressly referred to or appended and provide all rights and obligations of Fivecom Limited and the Registered User with respect to their subject matter.

13.2. If one or more provisions in the Terms and Conditions are held to be unenforceable under applicable laws or regulations or as a result of a final decision by a competent court or authority, the other provisions will remain in full force and effect, to the extent permitted by law, regulation or applicable court decisions.

14. Modification of the Services or Terms and Conditions

14.1. Fivecom Limited may update and modify the content and/or features of the Service at any moment in order to improve their quality. The Registered Users will be informed of the nature of these updates or modifications when they are implemented on the Website.

14.2. Fivecom Limited may modify the Terms and Conditions at any moment. The Registered Users will be informed of those modifications when they are implemented on the Website.

14.3. Use of the Website and new registrations are subject to the Terms and Conditions currently in force. Users of the Website and Registered Users who do not agree to the modification of the Terms and Conditions may stop using the Website.

14.4. Paid Users who become such before the modification of the Terms and Conditions will have a choice between two options:

14.4.1. The Paid User may accept the new Terms and Conditions by continuing to use the Website;

14.4.2. The Paid User may demand the use of the Terms and Conditions, which were in force when they purchased Service, for the duration of the initial period of validity of this Service only and excluding any new purchases. Paid User must request this expressly within one (1) month from the date the modified Terms and Conditions enter into force using the contact details included in Article 15. After expiry of the initial period of validity of the current Service, only the modified Terms and Conditions shall be applicable to such Service. If the Paid User fails to request this within one (1) month from their entry into force, the modified Terms and Conditions will be deemed accepted by the Paid User.

15. Requests and Claims

15.1. For every request or claim relevant to Paid Service, the Registered Users may contact Fivecom Limited by mail addressed to its registered office is at Arhiepiskopou Makariou III, 48, ZAPPEION BUILDING, 1st Floor, flat/office 13, Aglantzia, 2107, Nicosia, Cyprus or by completing the contact form.

15.2. The Registered Users may also contact the Customer Care by email: support@sundatings.com

16. Applicable law – Disputes

16.1. These Terms and Conditions are governed, interpreted and applied in accordance with the laws of the Republic of Cyprus, subject to mandatory laws and regulations in force in the country of residence of the Registered User. The language of interpretation is English.

16.2. Registered User may make claims on the European Commission’s online dispute resolution platform at: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Registered User’s claim to the competent national mediators.

16.3. In accordance with the rules applicable to mediation, prior to any request for mediation, the Registered User must first raise any dispute with Fivecom Limited in writing in order to attempt an amicable resolution. In the event that an amicable solution cannot be reached regarding a dispute relating to the Terms and Conditions, the competent authorities will be the courts of the country of residence of the consumer located in one of the member States of the European Economic Area or Switzerland.

17. About us

17.1. The Service provided by Fivecom Limited to Registered Users pursuant to these Terms and Conditions is offered by Fivecom Limited Limited, a private limited company incorporated in Republic of Cyprus with registered company number HE 400481 and registered office is at Arhiepiskopou Makariou III, 48, ZAPPEION BUILDING, 1st Floor, flat/office 13, Aglantzia, 2107, Nicosia.

For any questions, you can contact Fivecom Limited by filling in the contact form.